57. In the present case, where all the elements surrounding the offence as also all the elements surrounding the offender cut across the balance sheet of aggravating and mitigating circumstances, we are clearly of the view that there is absolutely no reason to commute the sentence of death to any other sentence of lesser degree. Even the alternative of awarding the sentence of imprisonment for whole of the natural life with no remission does not appear justified in view of the nature of crimes committed by the appellant and looking to his incorrigible conduct.

58. We may sum up thus: In the case of the present nature, the crime had been of extreme depravity, which shocks the conscience, particularly looking to the target (a seven-and-a-half-year old mentally and physically challenged girl) and then, looking to the manner of committing murder, where the hapless victim’s head was literally smashed, resulting in multiple injuries including fracture of frontal bone. This is apart from the facts that the innocent victim was kidnapped on a stolen motorcycle by misusing the trust gained by offer of confectionary items and also, apart from the fact that she was brutally and inhumanly raped. Taking up the test parameters pertaining to the criminal (i.e., the appellant), of course, he has a family with wife and minor daughter and aged father and the crime was committed when he was only 28 years of age. However, these mitigating factors are pitted against several other factors pertaining to the appellant himself. One, being of his activities and actions before the present crime where he was found involved in at least four cases with offences ranging from Section 3 of Prevention of Damage to Public Property Act, 1984, Section 379 IPC and even 307 IPC. Second, being the fact that the present crime itself was carried out with the aid of a stolen motorcycle. Third, and crucial one being his conduct postconviction where he not only earned 7 days’ punishment in jail for quarrelling with a co-inmate but he has been convicted of the offence of murder of another jail inmate. Read as a whole, the fact-sheet concerning the appellant leads only the logical deduction that there is no possibility that he would not relapse again in this crime if given any indulgence. A fortiori, there appears no probability of his reformation and rehabilitation. This possibility of the appellant relapsing in the same crime over again and nil probability of his reformation/rehabilitation is a direct challenge as also danger to the maintenance of order in the society. Hence, the facts of the present case, taken as a whole, make it clear that it is unlikely that the appellant, if given an absolution, would not be capable of and would not be inclined to commit such a crime again. Consequently, we find it to be a case of no other option but to confirm the death sentence awarded to the appellant, for that being inevitable in this particular case.